Tomlinson v. Town of Derby
Supreme Court of Connecticut
Case, for an injury from a defective highway of the defendant town; brought to the Superior Court in New Haven County, and tried to the jury, on the general issue, before Pardee, J. Verdict for the plaintiff, and a motion by the defendant to set aside the verdict for the misconduct of a juror, with a motion for a new trial for errors in the charge of the court.
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Case, for an injury from a defective highway of the defendant town; brought to the Superior Court in New Haven County, and tried to the jury, on the general issue, before Pardee, J. Verdict for the plaintiff, and a motion by the defendant to set aside the verdict for the misconduct of a juror, with a motion for a new trial for errors in the charge of the court. The points decided by this court will be fully understood from the opinion without a statement of the facts of the case.
1Opinion of the CourtPabk, C. J.
The plaintiff contends that a motion to set aside a verdict for the misconduct of a juror, and a motion for a new trial for errors claimed to have been committed by the court in the trial of a cause, cannot be made in the same case at the same time, for the reason that the one precedes and the other follows the rendition of the judgment. But we think it is not necessary that judgment should be rendered in order to lay the foundation for a motion for a new trial. It may or may not be rendered at the discretion of the court. In the case of Collins v. Prentice, 15 Conn., 423, the court advised…
2Cases cited5 opinions
- Pettibone v. PhelpsSupreme Court of Connecticut · 1840
- Stone v. StevensSupreme Court of Connecticut · 1837
- Collins v. PrenticeSupreme Court of Connecticut · 1843
- Bennett v. HowardU.S. Circuit Court for the District of Connecticut · 1808
- Hamilton v. PeaseSupreme Court of Connecticut · 1871
3Cited by13 opinions
- Aillon v. StateSupreme Court of Connecticut · 1975
- State v. McCallSupreme Court of Connecticut · 1982
- State v. VaughanSupreme Court of Connecticut · 1899
- Cooper v. CarrMichigan Supreme Court · 1910
- Bissell v. DickersonSupreme Court of Connecticut · 1894
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